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Law: Disability Discrimination- Reasonable Adjustments

A recent case of (Robec Ltd v Rudham) identified a not uncommon situation where a disabled employee needs a period of rehabilitation to get back into his work.

The employee suffered Chronic Fatigue Syndrome (CFS) and was considered disabled by virtue of the definition in the Disability Discrimination Act.

He returned to work under a phased programme to go back to previous duties.

After approximately three months he experienced a relapse and his employees dismissed him about three months later on the grounds of capability.

The tribunal found disability discrimination but on appeal the decision was overturned on the basis that the tribunal had not considered whether an extended rehabilitation programme would have a real prospect of full return to work or not. Only then could it decide whether such adjustment was reasonable.

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